Columbia Second-Offense DUI Lawyer

DUI charges are very serious implications that become more troublesome when you are charged with the same crime. A second-offense DUI is an offense that may result in jail time. It is for this very reason that you should contact an experienced DUI attorney if you currently find yourself in this situation. A Columbia second-offense DUI lawyer may be able to provide you with the legal counsel you deserve.

Prosecuting Second-Offense DUI Charges Vigorously

Second-offense DUI charges are prosecuted much more vigorously than first-time DUI charges. This is due to the fact that the accused is a repeat offender and they are more likely to request jail time than first-time offenders.

If someone has already previously received a DUI conviction and given the serious nature of the fatality rate of alcohol-related crimes in South Carolina, the prosecutors are much more vigorous in not allowing any type of diversionary programs for a second offense. Even though PTI’s may not be available for DUI’s, any other type of diversionary programs are sometimes available. Prosecutors are also much less likely to reduce it to a reckless driving charge.

Lawyers may go into the video, including the dash cam video of the police officer, the breath test video, and the implied consent. They make sure that all the constitutional requirements have been met, whether there were any illegal seizures as far as the traffic stop is concerned. South Carolina lawyers make sure that the officer complied with the video recording statute and try to find any other legal defenses that are available to try to show the prosecutor that this is a second-offense DUI case that needs to be reduced or dismissed.

Diversion Programs or Probation Options a Prosecutor Might Offer

South Carolina Code of Laws specifically states that PTI is not available for a DUI. Even a first-time offender cannot do PTI when arrested for a DUI. There are other types of diversionary programs that are available that they try to work out, including attending Alcoholics Anonymous or some other drug rehabilitation courses. They may allow the person to either plead to a reduced charge. It is not an official diversionary program, but if someone has done in-patient treatment, they have passed a lot of alcohol tests or drug tests, depending on the nature of the crime, and certainly, prosecutors are more willing to work with individuals who have shown a lot of effort to address a substance abuse problem.

Gravity of a Second-Time DUI

Time makes a big difference when comparing a second-time DUI to a first-time DUI, making it essential to work with a South Carolina attorney when facing charges. If it is very recent, that may increase the likelihood that the arresting officer will charge it as a second offense and, on top of that, the prosecutor will most likely take the position that the person did not learn their lesson and will probably push for jail time. Courts will also take second-offense DUI charges much more seriously because the person already has a prior conviction and there is certainly a higher likelihood that the person could do jail time or could be sentenced to jail time.

If someone is pleading guilty, a judge may see the prior DUI conviction and, again, if it was close in time or depending on the facts and circumstances, that could make the judge more likely to sentence someone to jail time rather than being sympathetic to making a mistake and needing a second chance. Whereas, if the person already went through treatment programs and received another DUI, the judge could believe that this person is just a danger on the road or a danger to the public, which is another reason to be harsher on sentencing.

Contacting a Columbia Second-Offense DUI Attorney

A second-offense DUI is a serious offense that should be handled by an experienced lawyer. There are many implications surrounding these types of cases which requires specific knowledge about the law regarding DUIs. If you are currently facing this kind of charge, contact a Columbia second-offense DUI lawyer to help you build a strong defense.